High Court of Australia
31 f 161 we
IN THE HIGH COURT OF AUSTRALIA
LIMITED V. LEIGHTON.
REASONS FOR JUDGMENT
Judgment delivered at__8LBOURNE
on._MONDAY, 21st
W, M, Houston, Gort. Frnt, Melb,
P.
PROPERTIES PROPRIE: ve LEIGHTO!
ORDE:
Appeal dismissed with costs.
JUDGMENT.
PAYNE'S PROPERTIES PROPRIETARY LIMITED
Ve .
LELGHTON
DIXON C.J.
PAYNE'S PROPERTIES PROPRIETARY LIMITED
ve
LELGHTON
This appeal concerns the liability of a purchaser under the agglutinative and perhaps incongruous provisions of a contract of sale of land to pay interest on the balance of purchase money outstanding from time to time. The land consists of 438 acres of land at Deer Park, Melbourne. Except for eighteen acres it is "zoned" as rural land under the interim development order of the Melbourne & Metropolitan Board of Works. The purpose of the clauses in which the source of the difficulty has been found is to provide for the event, so far a contingent event, of the land being rezofed as a residential area. The legislation in force when the contract was made on 4th March 1960 was the Town and Country Planning Act 1958 (No. 6396). cf. sec.14. See also Town and Country Planning (Amendment) Act 1960 (No. 6637) sec. 3 and Town and Country Planning Act 1961 (a consolidating and amending Act) secs. 17, 18, 19, 25, 26, 4% But nothing turns on the statutes. The purchase money named in the contract worked out at £500 an acre and the deposit, which was duly paid, worked out at £75 an acre. It was evidently a transaction forming a step in an expected process of selling the land in subdivision. The vendor, however, was not the registered proprietor of the fee simple but held apparently under a contract of sale to him, and of course, except as to the eighteen acres, the "zoning" of the land as rural presented a difficulty which could not be overcome without at least a permit or permits. These matters formed the subject of special provisions which, with other clauses in type, were interleaved between the sheets of a printed form of contract that itself was filled in to form the basic agreement. Their purpose was to enable the purchaser
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate